The regulations in this Chapter qualify or supplement the zone regulations appearing elsewhere in this title.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.020 Yard Space For One Building Only
All yard or other open space shall be located on the lot where the building is located. Yard space and open space on adjoining lot cannot be used on as yard space or open space on the subject lot around an existing building shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.030 Every Dwelling To Be On A Lot
Every dwelling shall be located and maintained on a lot as defined in this title. Such lot shall have the required frontage on a public or approved private street or on a right-of-way which has been approved by the land use appeal authority.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.040 Sale Or Lease Of Required Space
No space necessary to meet the minimum site development standards, parking, or other requirements of this ordinance for a lot or building may be sold or leased away from such lot or building.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.050 Building Floor Elevations On All New Construction
Due to high ground water conditions, throughout the city, the lowest habitable floor level is restricted to an elevation 1.0 foot below the curb and gutter fronting the lot. A detailed soils investigation from a qualified geotechnical firm to determine historic ground level must be submitted and approved by the city engineer for any exception to this requirement.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.060 Minimum Height Of Main Building
No building shall be erected less than one (1) story above grade.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.070 Maximum Height
No building shall be erected to a height greater than 35 feet, measured from sidewalk to average eve unless such building is an agricultural building as defined by Utah Code Annotated 58-56-4.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.080 Height Limitation Exceptions
Roof structures for the housing of an elevator, stairways, tanks, ventilation or similar equipment required to operate or maintain a building, fire or parapet walls, skylights, communication towers or masts, steeples, flagpoles, silos, theater lofts, may be erected above the height limits herein prescribed as a permitted or conditional use, as the case may be, but no space above the height limit shall be allowed for the purpose of providing additional floor space. Notwithstanding the exceptions of this section, no heights are permitted above the maximum allowed under Airport height regulations.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.100 Clear View Intersections
No obstruction in excess of three and one half (3 ½) feet in height shall be placed on any corner lot within forty (40) feet of the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.110 Animals And Fowl
Setbacks. The following setbacks apply to animals:
Small animals. Small animal enclosures shall follow the setback standards of an accessory building in the zone where it is located.
Medium animals. Medium animal enclosures shall follow the setback standards of an accessory building in the zone where it is located, except such enclosures shall be located at least five (5) feet from any property line.
Large animals. Large animal enclosures shall be kept or maintained at least forty (40) feet from any dwelling and not closer than seventy-five (75) feet from any dwelling on an adjacent lot. Any barn, stable, coop, pen, or other enclosure for housing or keeping animals or fowl shall be kept, constructed, or maintained no less than one-hundred (100) feet from a public street and no less than fifteen (15) feet from any lot line, excluding pastures and corrals.
Exemption. This part does not apply to the keeping of dogs and cats, nor does it apply to beekeeping.
Restrictions on Residential Structure. No kennel, cattery, pet shop, or similar facility or business shall be permitted within or attached to any residential structure, or structure used for residential purposes.
Dog and Cats. All enclosures for the keeping of a dog or cat shall be located in the rear or side yard. Such enclosures shall be set-back five (5) feet from any property line, and shall be either seventy-five (75) feet from any dwelling on an adjacent lot or in the rear one third (1/3) of the rear yard at least three (3) feet from the rear property line, whichever is most feasible.
Beekeeping. A beehive located in a residential zone shall be kept in the rear yard and set back three (3) feet from the property line. Beehives shall be kept in the rear yard in the A-1 zone where practicable if a home exists on the same parcel and shall be set back one (1) foot from the property line.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009 Amended by Ord. 422 on 8/10/2010
11.20.120 Water And Sewage Requirements
Any proposed building or use that involves culinary water and sewer facilities shall comply with the requirements of the applicable health agency, including providing the city with documentation of approval from the applicable health agency. The municipality will not accept any such improvement that do not conform with this section.
Building permits shall not be issued unless the water supply and sewer disposal is approved in accordance with the applicable requirements.
Any private sewer or septic constructed, maintained, or disposed in violation of the provisions of this section and other relevant law is declared to be a public nuisance, and the city attorney or local health official may initiate proceedings to abate the same.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.130 Effect Of Official Plat
Wherever a setback is required for a lot or parcel facing a street for which an a official plat has been recorded in the Office of the County Recorder, the depth of such front yard shall be measured from the mapped street line provided by the official plat. Permits for structures within the lines of a mapped street as may be adopted as part of any official plat shall be issued only in accordance with ordinances of the City pertaining to the official plat.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.140 Required Building Setback From Designated Collector Or Arterial Streets
Where a street is designated on the Transportation Element of the City General Plan as a collector or arterial (major) street and where the existing street right-of-way requires widening to meet the right-of-way standards of such collector or arterial (major) street, the minimum front and side yard setbacks for all buildings shall be based upon the future designed right-of-way width as shown on the General Plan. This shall be measured from the future lot line of the collector or arterial (major) street designated right-of-way instead of the existing lot line of the present street right-of-way.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.150 No Obstruction Of Any Drain, Irrigation Ditch Or Canal
No development shall obstruct the flow of water from any drain, irrigation ditch or canal. Any alteration or diversion of such waterways shall be approved first by the irrigation company and second the municipal enforcement official who shall follow any requirements outlined in the approval by the irrigation company.
Any irrigation company or the municipality may request inspections of any improvements that affect any drain, irrigation ditch or canal. The developer shall reimburse the municipality or the irrigation company for the necessary inspection requested.
For the purposes of this section, natural water courses in the municipality are considered drainage ways subject to the requirements of this section.
The provisions for Utah Code Annotated §73-1-14 and 73-1-15, 1953 as amended, are incorporated herein by this reference.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.160 Additional Yard Regulations
Except for landscaping vegetation, every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features, which do not project more than two feet into the required yard or as outlined by item 3 below.
Outside stairways, fire escapes, fireplace structures not wider than eight (8) feet measured along the wall of a building, regular unwalled porches, terraces, and balconies may project five (5) feet into a required front yard, ten (10) feet into a required rear yard, and three (3) feet into a required side yard. The ordinary projections of chimneys and flues are permitted.
Sunbreaks designed to control light entering a building and being a permanent part of a building may project five (5) feet into a required front yard, ten (10) feet into a required rear yard, and three (3) feet into required side yard.
Service station canopies in the front yard are not to be located closer than five (5) feet to the front property line.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.170 Day Care Center Regulations
The regulations and licensing of day care centers shall be in accordance with Title 26, Chapter 39, Utah Code Annotated, as amended, or as hereafter amended.
All outdoor play areas shall be within a fenced area and shall be limited to use by the children in the day care between the hours of six a.m. to eight p.m. Fence height shall be in accordance with this chapter.
Sufficient off-street parking shall be provided for day care patrons.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.180 Fence Height Regulations
No fence or other similar structure shall be erected in any required front yard of a dwelling to a height in excess of three and one-half (3 1/2)feet; nor shall any fence or other similar structure be erected in any side or rear yard to a height in excess of seven (7) feet.
On corner lots, no fence or other similar structure shall be erected in any yard bordering a street or front yard of an adjoining lot to a height in excess of three and one half (3 1/2) feet, unless otherwise provided in the municipal code. On corner lots that do not block the vision of the street intersection and for the adjacent driveway, a fence may be erected to a height not to exceed six (6) feet.
Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point half-way between the top of the retaining wall and the land on either side of the fence, but nothing herein contained shall be construed to restrict a fence to less than three and one-half (3 1/2)feet in height measured from the surface of the land on the side having the highest elevation.
Front yard and corner visibility for any screening/fence shall not exceed four feet (4"0 from the road surface. The municipal code shall be changed to reflect such for all uses including residential.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.190 Performance Standards
Any permitted or conditionally permitted use must conform to the following performance standards. In conjunction with the plan review, the developer applicant shall provide to the city, information that is sufficient to show that the proposed use and manner of its conduct will meet the following performance standards:
Construction hours. No construction project shall commence work before 6:00 a.m. or continue work after 9:00 p.m. in any residential zone, unless an emergency condition exists requiring mitigation to avoid immediate or irreparable harm to life, property, or infrastructure. This part does not apply to public works projects or utilities.
Glare or heat mitigated. Any activity producing intense glare or heat shall be mitigated and performed within a completely enclosed building in such a manner as not to create a nuisance or hazard.
Vibration. No unreasonably excessive vibration is permitted to extend onto the property of another that may damage the property of another.
Air pollution. No excessive emissions are permitted, including, but not limited to ash, dust, fumes, vapors, and gases which may cause damage to health, animals, vegetation, the environment or property of another, or which can cause any excessive soiling.
Prohibited waste and discharges. No discharges or waste shall be made on public property or in any sanitary sewerage system which would endanger the normal operation of said public sewage system or may result in a possible violation of any federal, state or local law.
Odors. No emission of odorous gases or odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.
Exterior lighting. No light, spotlight, or floodlight shall be installed in any way which may permit the direct rays of such light to directly penetrate on to any residential zone or property used for residential purpose. Lights used to illuminate any premises in any zone shall be installed in such manner that the light is suitably screened to avoid annoying illumination on property outside said premises. Any exterior lighting installed or maintained in violation of the provisions of this section and other relevant law is declared to be a public nuisance and may be abated the same.
Noise. The noise level emanating from any use or operation shall not exceed the limits established by the local health department regulation regarding noise control and is also subject to this part:
Unreasonable sound shall not be generated to the extent that it is transmitted at an excessive level beyond the property line from where it originates.
Exterior electronic communication systems in any zone shall only be allowed so long as the volume of such systems shall be maintained at a level that any transmission, message, or conversation is not intelligible beyond the property line at any time. Temporary electronic communication systems for public celebrations or rallies are exempt from these regulations.
Mechanical buffering. All mechanical systems, including electrical systems, installed in any commercial or manufacturing zones located adjacent to any residential use shall adequately buffer such equipment so that it cannot be seen or heard on the property of the adjoining residential use.
Service areas. All service areas including loading, unloading, garbage collection, or recycled pick-up shall be adequately located, buffered, and operated in a manner that does not seriously disturb any adjacent residential use.
In all zones, public utility substations shall meet the following requirements:
Lot Area. Each public utility substation in a residential zone shall be located on a lot not less than two thousand square feet in area.
Yards. Each public utility substation in a residential zone shall be provided with a yard on each of the four sides of the building not less than five (5) feet in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards, and rear yard shall equal those required for a single-family residence in the same zone.
Street Access. Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley, or easement.
Approval. The location, screening, and landscaping of a public utility substation zone shall be subject to approval by the planning commission.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.210 Cash Advance Establishments
NOTE: This section was approved by Ordinance No. 399 on August 26, 2008.
This section applies to any "cash advance establishment" (which include "check cashing" business, or "deferred deposit transaction business" or "advanced payday lender" or similar operation) where the business cashes payroll, government, personal, and other types of checks, among other related services, while taking a commission off the face-value of the check. It also includes any business that provides payday lender services provides small cash loans based on a borrowers personal check held for future deposit or on electronic access to a borrower's bank account in exchange for the borrower including a fee for the loan in the face value of the personal check or providing other consideration of any kind. The businesses defined below are within the scope of this section:
"Check cashing center" means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders or other commercial paper serving a similar purpose. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution. This classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.
"Check cashing facility" means an establishment primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks, not including state or federally chartered banks, credit unions, savings and loans, or similar financial institution.
"Payday lender business" means an establishment that offers, originates, or makes a deferred deposit transaction. A "deferred deposit transaction" is a transaction whereby a person defers depositing a customer=s personal check until a specific date, pursuant to a written agreement. A payday lender business does not include a state or federally chartered bank, savings association, credit union, or similar financial institution, or retail stores that incidentally charge a fee not exceeding $2.00 to cash checks or money orders as a service to customers.
Findings. The City Council of Harrisville finds and declares the following:
According to the Consumer Federation of America, because of the high fees paid for these short term loans and check cashing services, some borrowers may pay the equivalent of more than 900% annual percentage rate interest on their loan.
According to certain studies, check cashing and payday lender businesses have grown over 1300% nation-wide between 1996 and 2007 and are estimated to be growing at a rate of 15% a year. The growth of check cashing and payday lender businesses appear to be predominantly focused in moderate and lower income neighborhoods.
That a large portion of the City includes moderate and lower income neighborhoods.
A recent study by "The Progressive Policy Institute" reveals that a traditional bank account is the first step toward giving low-income Americans access to the mainstream tools for wealth creation now taken for granted by the middle-class. The unchecked proliferation of check cashing and payday lender businesses has lead to the displacement of full service banking institutions, making access to traditional banking services even more difficult in lower income neighborhoods.
Continued proliferation of check cashing and payday lender businesses can result in a reduction or displacement of needed financial services and other commercial benefits in these neighborhoods.
That appropriate land use and regulatory controls on these types of businesses can still provide for this service while off-setting the negative effect upon the City.
Limitation on businesses defined in this section:
No business shall be located within one (1) mile of any other or similar business within or outside the city limits.
Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business.
Only one business shall be allowed in the City for every 10,000 residents living in the City.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.220 Outdoor Storage
Outdoor Storage. With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a six-foot-high solid masonry fence or another solid fence or screening of a height and material as allowed or required by the Planning Commission.
Hazards. The presence of hazardous materials not to be used on-site is prohibited.
Vending Machines. In commercial and manufacturing zoning districts only, up to three (3) outdoor vending machines are permitted at a location. This subsection does not apply to newspaper and similar boxes.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.230 Trash Enclosures
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwelling and multiple-family dwellings of less than four (4) units. The enclosure shall be entirely surrounded byscreen walls or buildings. Trash enclosures shall comply with the following regulations:
Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from any abutting street or property, and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Gates must be maintained.
Location. Trash enclosures shall not be located in any front or side yard.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.240 Access
Any new access, driveway, or other ingress and egress location that utilizes the public right-of-way shall require an access permit. No new access as provided herein shall obstruct or interfere with any storm water drain, flood control device, irrigation ditch, or other type of system, except as authorized and constructed under the direction of the governing agency or appropriate operator.
HISTORY Adopted by Ord. 255 on 11/26/1991 Adopted by Ord. 412 on 9/8/2009
11.20.250 Recreational And Commercial Vehicles
Recreational vehicles. No recreational vehicle (RV), includes but is not limited to, a travel trailer, boat, motor home, and/or other vehicle used for recreation purposes, which does not include facilities necessary to be classified as a manufactured home as defined in the building code adopted by the city, shall not be used, operated, or maintained in any commercial zone, or on any City property at any time for living quarters or occupation.
Recreation Vehicles operated on residential property for temporary living quarters is restricted to forty-eight (48) hours.
Recreational Vehicles operated as temporary living quarters on a public street or public right of way are restricted to twenty-four (24) hours. Additional time is only authorized by the City after obtaining a temporary use permit.
The use of a Recreational Vehicle as temporary living quarters on any City property including City Parks is a violation unless authorized by permit from the City.
The temporary use of a Recreational Vehicle in any residential zone for more than forty-eight (48) hours shall be considered in violation unless authorized by permit from the City.
A temporary use permit not to exceed fifteen (15) days in a thirty (30) day period, may be obtained by residents registering with the City. Permits shall be displayed in a window visible to law enforcement.
Exceptions for periods longer than fifteen (15) days may be granted based upon extenuating circumstances or emergency situations.
Occupying a parked recreational vehicle, by the property owner, may be permitted for a period of six months on the property where a home is under construction, provided that the recreational vehicle is hooked up to an approved wastewater disposal system in accordance with HCVC §11.20.120.
Commercial zones that do not include or provide a public access or right-of-way are specifically prohibited from the temporary use of a Recreation Vehicle as living quarters.
The temporary use of a Recreational Vehicle as living quarters in a Commercial Zone shall be considered a violation unless authorized by a permit from the City or;
Exemptions for Commercial Zones may be granted upon emergency circumstances approved by the Mayor.
Recreational Vehicles operated in a Commercial Zone that includes a standard public access or right-of-way shall be restricted to twenty-four (24) hours in one (1) week and no more than three (3) days in a thirty (30) day period.
Commercial Vehicles parked as a result of driving restrictions due to Federal Commercial Vehicle Restrictions regarding authorized drive time shall not be considered a violation so long as the vehicle is moved within twenty-four (24) hours.
The use of a Recreational Vehicle in which the owner or occupant knowingly or recklessly creates a Public Nuisance (as defined in HCVC §1.03.020) shall be considered a violation.
It shall be unlawful for any person to camp or place any trailer house, or other vehicle while used for human habitation, in the City except within premises of this chapter.
The provisions outlined in the Recreational Vehicle Use Code applies to passenger cars used as living quarters as defined under "other vehicles".
Parking. The parking of not more than three (3) recreational vehicles is permitted on a lot zoned residential or used for residential purposes. Said recreational vehicle or vehicles shall only be parked in the side or rear yard, and on a solid surface, or gravel driveway.
No parking of any recreational vehicles is allowed in the S.A.P. Zone or Mixed-use/In-fill sub-zones except in areas designated for such parking as may be established by the development agreement recorded with the county.
Parking and use of any recreational, commercial, or utility vehicle in any commercial or manufacturing zone is governed by the regulations of such zones.
Utility Vehicles. No utility or commercial vehicle, including but not limited to, a semi-truck, semi-trailer, dump truck, back hoe, and/or vehicle or equipment over 15,000 gross vehicle weight shall be located in any residential zone. Except parking of one (1) such utility vehicle is permitted on any lot over one (1) acre and must be parked only in the rear yard, and parking on any non-residential zone is governed by the regulations of that zone.
HISTORY Adopted by Ord. 458 on 12/22/2012 Amended by Ord. 498 on 1/22/2019 Amended by Ord. 513 on 10/13/2020
11.20.260 Internal Accessory Dwelling Units
Eligibility. In accordance with Utah Code 10-9a-530.1a, an internal Accessory Dwelling Unit (ADU) is eligible for a permit if such ADC is:
Located in the primary dwelling;
Placed within the footprint of the primary dwelling as described in state law at the time the ADU created;
Not used for vacation rental or short-term rental; and,
Used only for residential long-term rental of thirty (30) consecutive days or longer.
Local Requirements. In accordance with Utah Code 10-9a-530-4, the City:
Does not require the installation of a separate utility meter for an ADU.
Each ADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.
The owner of the primary dwelling creating an ADU shall:
Include one additional parking on-site parking space, regardless of whether the primary dwelling is existing or new construction; and
Replace all parking spaces contained within a garage or carport converted to an ADU.
Limitations. The following limitations apply to the creation or occupancy of any ADU:
Only one (1) ADU per primary dwelling is permitted consistent with this section.
No ADU shall be created or occupied within a mobile home as defined under Utah Code 57-16-3.
No ADU shall be created or occupied without the owner of the primary dwelling obtaining all permits and licenses for the ADU from the City and any other affected entity.
No ADU will be approved where the primary dwelling is served by a failing septic tank.
No ADU shall be created or occupied where the primary dwelling parcel or lot is six-thousand (6,000) square feet or less in size.
No external accessory dwelling unit are allowed.
No ADU shall be created or occupied unless the primary dwelling parcel or lot is also used as the owner's primary dwelling.
Licensing. The owner of any ADU shall obtain a business license in accordance with Title 3 and Chapter 3.15 of the municipal code.
The regulations in this Chapter qualify or supplement the zone regulations appearing elsewhere in this title.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.020 Yard Space For One Building Only
All yard or other open space shall be located on the lot where the building is located. Yard space and open space on adjoining lot cannot be used on as yard space or open space on the subject lot around an existing building shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.030 Every Dwelling To Be On A Lot
Every dwelling shall be located and maintained on a lot as defined in this title. Such lot shall have the required frontage on a public or approved private street or on a right-of-way which has been approved by the land use appeal authority.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.040 Sale Or Lease Of Required Space
No space necessary to meet the minimum site development standards, parking, or other requirements of this ordinance for a lot or building may be sold or leased away from such lot or building.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.050 Building Floor Elevations On All New Construction
Due to high ground water conditions, throughout the city, the lowest habitable floor level is restricted to an elevation 1.0 foot below the curb and gutter fronting the lot. A detailed soils investigation from a qualified geotechnical firm to determine historic ground level must be submitted and approved by the city engineer for any exception to this requirement.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.060 Minimum Height Of Main Building
No building shall be erected less than one (1) story above grade.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.070 Maximum Height
No building shall be erected to a height greater than 35 feet, measured from sidewalk to average eve unless such building is an agricultural building as defined by Utah Code Annotated 58-56-4.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.080 Height Limitation Exceptions
Roof structures for the housing of an elevator, stairways, tanks, ventilation or similar equipment required to operate or maintain a building, fire or parapet walls, skylights, communication towers or masts, steeples, flagpoles, silos, theater lofts, may be erected above the height limits herein prescribed as a permitted or conditional use, as the case may be, but no space above the height limit shall be allowed for the purpose of providing additional floor space. Notwithstanding the exceptions of this section, no heights are permitted above the maximum allowed under Airport height regulations.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.100 Clear View Intersections
No obstruction in excess of three and one half (3 ½) feet in height shall be placed on any corner lot within forty (40) feet of the intersection of the street lines, except a reasonable number of trees pruned high enough to permit unobstructed vision to automobile drivers; and pedestal-type identification signs.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.110 Animals And Fowl
Setbacks. The following setbacks apply to animals:
Small animals. Small animal enclosures shall follow the setback standards of an accessory building in the zone where it is located.
Medium animals. Medium animal enclosures shall follow the setback standards of an accessory building in the zone where it is located, except such enclosures shall be located at least five (5) feet from any property line.
Large animals. Large animal enclosures shall be kept or maintained at least forty (40) feet from any dwelling and not closer than seventy-five (75) feet from any dwelling on an adjacent lot. Any barn, stable, coop, pen, or other enclosure for housing or keeping animals or fowl shall be kept, constructed, or maintained no less than one-hundred (100) feet from a public street and no less than fifteen (15) feet from any lot line, excluding pastures and corrals.
Exemption. This part does not apply to the keeping of dogs and cats, nor does it apply to beekeeping.
Restrictions on Residential Structure. No kennel, cattery, pet shop, or similar facility or business shall be permitted within or attached to any residential structure, or structure used for residential purposes.
Dog and Cats. All enclosures for the keeping of a dog or cat shall be located in the rear or side yard. Such enclosures shall be set-back five (5) feet from any property line, and shall be either seventy-five (75) feet from any dwelling on an adjacent lot or in the rear one third (1/3) of the rear yard at least three (3) feet from the rear property line, whichever is most feasible.
Beekeeping. A beehive located in a residential zone shall be kept in the rear yard and set back three (3) feet from the property line. Beehives shall be kept in the rear yard in the A-1 zone where practicable if a home exists on the same parcel and shall be set back one (1) foot from the property line.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009 Amended by Ord. 422 on 8/10/2010
11.20.120 Water And Sewage Requirements
Any proposed building or use that involves culinary water and sewer facilities shall comply with the requirements of the applicable health agency, including providing the city with documentation of approval from the applicable health agency. The municipality will not accept any such improvement that do not conform with this section.
Building permits shall not be issued unless the water supply and sewer disposal is approved in accordance with the applicable requirements.
Any private sewer or septic constructed, maintained, or disposed in violation of the provisions of this section and other relevant law is declared to be a public nuisance, and the city attorney or local health official may initiate proceedings to abate the same.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.130 Effect Of Official Plat
Wherever a setback is required for a lot or parcel facing a street for which an a official plat has been recorded in the Office of the County Recorder, the depth of such front yard shall be measured from the mapped street line provided by the official plat. Permits for structures within the lines of a mapped street as may be adopted as part of any official plat shall be issued only in accordance with ordinances of the City pertaining to the official plat.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.140 Required Building Setback From Designated Collector Or Arterial Streets
Where a street is designated on the Transportation Element of the City General Plan as a collector or arterial (major) street and where the existing street right-of-way requires widening to meet the right-of-way standards of such collector or arterial (major) street, the minimum front and side yard setbacks for all buildings shall be based upon the future designed right-of-way width as shown on the General Plan. This shall be measured from the future lot line of the collector or arterial (major) street designated right-of-way instead of the existing lot line of the present street right-of-way.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.150 No Obstruction Of Any Drain, Irrigation Ditch Or Canal
No development shall obstruct the flow of water from any drain, irrigation ditch or canal. Any alteration or diversion of such waterways shall be approved first by the irrigation company and second the municipal enforcement official who shall follow any requirements outlined in the approval by the irrigation company.
Any irrigation company or the municipality may request inspections of any improvements that affect any drain, irrigation ditch or canal. The developer shall reimburse the municipality or the irrigation company for the necessary inspection requested.
For the purposes of this section, natural water courses in the municipality are considered drainage ways subject to the requirements of this section.
The provisions for Utah Code Annotated §73-1-14 and 73-1-15, 1953 as amended, are incorporated herein by this reference.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.160 Additional Yard Regulations
Except for landscaping vegetation, every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features, which do not project more than two feet into the required yard or as outlined by item 3 below.
Outside stairways, fire escapes, fireplace structures not wider than eight (8) feet measured along the wall of a building, regular unwalled porches, terraces, and balconies may project five (5) feet into a required front yard, ten (10) feet into a required rear yard, and three (3) feet into a required side yard. The ordinary projections of chimneys and flues are permitted.
Sunbreaks designed to control light entering a building and being a permanent part of a building may project five (5) feet into a required front yard, ten (10) feet into a required rear yard, and three (3) feet into required side yard.
Service station canopies in the front yard are not to be located closer than five (5) feet to the front property line.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.170 Day Care Center Regulations
The regulations and licensing of day care centers shall be in accordance with Title 26, Chapter 39, Utah Code Annotated, as amended, or as hereafter amended.
All outdoor play areas shall be within a fenced area and shall be limited to use by the children in the day care between the hours of six a.m. to eight p.m. Fence height shall be in accordance with this chapter.
Sufficient off-street parking shall be provided for day care patrons.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.180 Fence Height Regulations
No fence or other similar structure shall be erected in any required front yard of a dwelling to a height in excess of three and one-half (3 1/2)feet; nor shall any fence or other similar structure be erected in any side or rear yard to a height in excess of seven (7) feet.
On corner lots, no fence or other similar structure shall be erected in any yard bordering a street or front yard of an adjoining lot to a height in excess of three and one half (3 1/2) feet, unless otherwise provided in the municipal code. On corner lots that do not block the vision of the street intersection and for the adjacent driveway, a fence may be erected to a height not to exceed six (6) feet.
Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point half-way between the top of the retaining wall and the land on either side of the fence, but nothing herein contained shall be construed to restrict a fence to less than three and one-half (3 1/2)feet in height measured from the surface of the land on the side having the highest elevation.
Front yard and corner visibility for any screening/fence shall not exceed four feet (4"0 from the road surface. The municipal code shall be changed to reflect such for all uses including residential.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.190 Performance Standards
Any permitted or conditionally permitted use must conform to the following performance standards. In conjunction with the plan review, the developer applicant shall provide to the city, information that is sufficient to show that the proposed use and manner of its conduct will meet the following performance standards:
Construction hours. No construction project shall commence work before 6:00 a.m. or continue work after 9:00 p.m. in any residential zone, unless an emergency condition exists requiring mitigation to avoid immediate or irreparable harm to life, property, or infrastructure. This part does not apply to public works projects or utilities.
Glare or heat mitigated. Any activity producing intense glare or heat shall be mitigated and performed within a completely enclosed building in such a manner as not to create a nuisance or hazard.
Vibration. No unreasonably excessive vibration is permitted to extend onto the property of another that may damage the property of another.
Air pollution. No excessive emissions are permitted, including, but not limited to ash, dust, fumes, vapors, and gases which may cause damage to health, animals, vegetation, the environment or property of another, or which can cause any excessive soiling.
Prohibited waste and discharges. No discharges or waste shall be made on public property or in any sanitary sewerage system which would endanger the normal operation of said public sewage system or may result in a possible violation of any federal, state or local law.
Odors. No emission of odorous gases or odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.
Exterior lighting. No light, spotlight, or floodlight shall be installed in any way which may permit the direct rays of such light to directly penetrate on to any residential zone or property used for residential purpose. Lights used to illuminate any premises in any zone shall be installed in such manner that the light is suitably screened to avoid annoying illumination on property outside said premises. Any exterior lighting installed or maintained in violation of the provisions of this section and other relevant law is declared to be a public nuisance and may be abated the same.
Noise. The noise level emanating from any use or operation shall not exceed the limits established by the local health department regulation regarding noise control and is also subject to this part:
Unreasonable sound shall not be generated to the extent that it is transmitted at an excessive level beyond the property line from where it originates.
Exterior electronic communication systems in any zone shall only be allowed so long as the volume of such systems shall be maintained at a level that any transmission, message, or conversation is not intelligible beyond the property line at any time. Temporary electronic communication systems for public celebrations or rallies are exempt from these regulations.
Mechanical buffering. All mechanical systems, including electrical systems, installed in any commercial or manufacturing zones located adjacent to any residential use shall adequately buffer such equipment so that it cannot be seen or heard on the property of the adjoining residential use.
Service areas. All service areas including loading, unloading, garbage collection, or recycled pick-up shall be adequately located, buffered, and operated in a manner that does not seriously disturb any adjacent residential use.
In all zones, public utility substations shall meet the following requirements:
Lot Area. Each public utility substation in a residential zone shall be located on a lot not less than two thousand square feet in area.
Yards. Each public utility substation in a residential zone shall be provided with a yard on each of the four sides of the building not less than five (5) feet in width, except that for such stations located on lots fronting on a street abutted by one or more residential lots, the front yard, side yards, and rear yard shall equal those required for a single-family residence in the same zone.
Street Access. Each public utility substation in a residential zone shall be located on a lot which has adequate access from a street, alley, or easement.
Approval. The location, screening, and landscaping of a public utility substation zone shall be subject to approval by the planning commission.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.210 Cash Advance Establishments
NOTE: This section was approved by Ordinance No. 399 on August 26, 2008.
This section applies to any "cash advance establishment" (which include "check cashing" business, or "deferred deposit transaction business" or "advanced payday lender" or similar operation) where the business cashes payroll, government, personal, and other types of checks, among other related services, while taking a commission off the face-value of the check. It also includes any business that provides payday lender services provides small cash loans based on a borrowers personal check held for future deposit or on electronic access to a borrower's bank account in exchange for the borrower including a fee for the loan in the face value of the personal check or providing other consideration of any kind. The businesses defined below are within the scope of this section:
"Check cashing center" means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders or other commercial paper serving a similar purpose. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution. This classification does not include establishments selling consumer goods, including consumables, where the cashing of checks or money orders is incidental to the main purpose of the business.
"Check cashing facility" means an establishment primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks, not including state or federally chartered banks, credit unions, savings and loans, or similar financial institution.
"Payday lender business" means an establishment that offers, originates, or makes a deferred deposit transaction. A "deferred deposit transaction" is a transaction whereby a person defers depositing a customer=s personal check until a specific date, pursuant to a written agreement. A payday lender business does not include a state or federally chartered bank, savings association, credit union, or similar financial institution, or retail stores that incidentally charge a fee not exceeding $2.00 to cash checks or money orders as a service to customers.
Findings. The City Council of Harrisville finds and declares the following:
According to the Consumer Federation of America, because of the high fees paid for these short term loans and check cashing services, some borrowers may pay the equivalent of more than 900% annual percentage rate interest on their loan.
According to certain studies, check cashing and payday lender businesses have grown over 1300% nation-wide between 1996 and 2007 and are estimated to be growing at a rate of 15% a year. The growth of check cashing and payday lender businesses appear to be predominantly focused in moderate and lower income neighborhoods.
That a large portion of the City includes moderate and lower income neighborhoods.
A recent study by "The Progressive Policy Institute" reveals that a traditional bank account is the first step toward giving low-income Americans access to the mainstream tools for wealth creation now taken for granted by the middle-class. The unchecked proliferation of check cashing and payday lender businesses has lead to the displacement of full service banking institutions, making access to traditional banking services even more difficult in lower income neighborhoods.
Continued proliferation of check cashing and payday lender businesses can result in a reduction or displacement of needed financial services and other commercial benefits in these neighborhoods.
That appropriate land use and regulatory controls on these types of businesses can still provide for this service while off-setting the negative effect upon the City.
Limitation on businesses defined in this section:
No business shall be located within one (1) mile of any other or similar business within or outside the city limits.
Distance requirements defined in this section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the entry door of each business.
Only one business shall be allowed in the City for every 10,000 residents living in the City.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.220 Outdoor Storage
Outdoor Storage. With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a six-foot-high solid masonry fence or another solid fence or screening of a height and material as allowed or required by the Planning Commission.
Hazards. The presence of hazardous materials not to be used on-site is prohibited.
Vending Machines. In commercial and manufacturing zoning districts only, up to three (3) outdoor vending machines are permitted at a location. This subsection does not apply to newspaper and similar boxes.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.230 Trash Enclosures
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than single-family dwelling and multiple-family dwellings of less than four (4) units. The enclosure shall be entirely surrounded byscreen walls or buildings. Trash enclosures shall comply with the following regulations:
Construction. Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from any abutting street or property, and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Gates must be maintained.
Location. Trash enclosures shall not be located in any front or side yard.
HISTORY Adopted by Ord. 255 on 11/26/1991 Amended by Ord. 412 on 9/8/2009
11.20.240 Access
Any new access, driveway, or other ingress and egress location that utilizes the public right-of-way shall require an access permit. No new access as provided herein shall obstruct or interfere with any storm water drain, flood control device, irrigation ditch, or other type of system, except as authorized and constructed under the direction of the governing agency or appropriate operator.
HISTORY Adopted by Ord. 255 on 11/26/1991 Adopted by Ord. 412 on 9/8/2009
11.20.250 Recreational And Commercial Vehicles
Recreational vehicles. No recreational vehicle (RV), includes but is not limited to, a travel trailer, boat, motor home, and/or other vehicle used for recreation purposes, which does not include facilities necessary to be classified as a manufactured home as defined in the building code adopted by the city, shall not be used, operated, or maintained in any commercial zone, or on any City property at any time for living quarters or occupation.
Recreation Vehicles operated on residential property for temporary living quarters is restricted to forty-eight (48) hours.
Recreational Vehicles operated as temporary living quarters on a public street or public right of way are restricted to twenty-four (24) hours. Additional time is only authorized by the City after obtaining a temporary use permit.
The use of a Recreational Vehicle as temporary living quarters on any City property including City Parks is a violation unless authorized by permit from the City.
The temporary use of a Recreational Vehicle in any residential zone for more than forty-eight (48) hours shall be considered in violation unless authorized by permit from the City.
A temporary use permit not to exceed fifteen (15) days in a thirty (30) day period, may be obtained by residents registering with the City. Permits shall be displayed in a window visible to law enforcement.
Exceptions for periods longer than fifteen (15) days may be granted based upon extenuating circumstances or emergency situations.
Occupying a parked recreational vehicle, by the property owner, may be permitted for a period of six months on the property where a home is under construction, provided that the recreational vehicle is hooked up to an approved wastewater disposal system in accordance with HCVC §11.20.120.
Commercial zones that do not include or provide a public access or right-of-way are specifically prohibited from the temporary use of a Recreation Vehicle as living quarters.
The temporary use of a Recreational Vehicle as living quarters in a Commercial Zone shall be considered a violation unless authorized by a permit from the City or;
Exemptions for Commercial Zones may be granted upon emergency circumstances approved by the Mayor.
Recreational Vehicles operated in a Commercial Zone that includes a standard public access or right-of-way shall be restricted to twenty-four (24) hours in one (1) week and no more than three (3) days in a thirty (30) day period.
Commercial Vehicles parked as a result of driving restrictions due to Federal Commercial Vehicle Restrictions regarding authorized drive time shall not be considered a violation so long as the vehicle is moved within twenty-four (24) hours.
The use of a Recreational Vehicle in which the owner or occupant knowingly or recklessly creates a Public Nuisance (as defined in HCVC §1.03.020) shall be considered a violation.
It shall be unlawful for any person to camp or place any trailer house, or other vehicle while used for human habitation, in the City except within premises of this chapter.
The provisions outlined in the Recreational Vehicle Use Code applies to passenger cars used as living quarters as defined under "other vehicles".
Parking. The parking of not more than three (3) recreational vehicles is permitted on a lot zoned residential or used for residential purposes. Said recreational vehicle or vehicles shall only be parked in the side or rear yard, and on a solid surface, or gravel driveway.
No parking of any recreational vehicles is allowed in the S.A.P. Zone or Mixed-use/In-fill sub-zones except in areas designated for such parking as may be established by the development agreement recorded with the county.
Parking and use of any recreational, commercial, or utility vehicle in any commercial or manufacturing zone is governed by the regulations of such zones.
Utility Vehicles. No utility or commercial vehicle, including but not limited to, a semi-truck, semi-trailer, dump truck, back hoe, and/or vehicle or equipment over 15,000 gross vehicle weight shall be located in any residential zone. Except parking of one (1) such utility vehicle is permitted on any lot over one (1) acre and must be parked only in the rear yard, and parking on any non-residential zone is governed by the regulations of that zone.
HISTORY Adopted by Ord. 458 on 12/22/2012 Amended by Ord. 498 on 1/22/2019 Amended by Ord. 513 on 10/13/2020
11.20.260 Internal Accessory Dwelling Units
Eligibility. In accordance with Utah Code 10-9a-530.1a, an internal Accessory Dwelling Unit (ADU) is eligible for a permit if such ADC is:
Located in the primary dwelling;
Placed within the footprint of the primary dwelling as described in state law at the time the ADU created;
Not used for vacation rental or short-term rental; and,
Used only for residential long-term rental of thirty (30) consecutive days or longer.
Local Requirements. In accordance with Utah Code 10-9a-530-4, the City:
Does not require the installation of a separate utility meter for an ADU.
Each ADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling.
The owner of the primary dwelling creating an ADU shall:
Include one additional parking on-site parking space, regardless of whether the primary dwelling is existing or new construction; and
Replace all parking spaces contained within a garage or carport converted to an ADU.
Limitations. The following limitations apply to the creation or occupancy of any ADU:
Only one (1) ADU per primary dwelling is permitted consistent with this section.
No ADU shall be created or occupied within a mobile home as defined under Utah Code 57-16-3.
No ADU shall be created or occupied without the owner of the primary dwelling obtaining all permits and licenses for the ADU from the City and any other affected entity.
No ADU will be approved where the primary dwelling is served by a failing septic tank.
No ADU shall be created or occupied where the primary dwelling parcel or lot is six-thousand (6,000) square feet or less in size.
No external accessory dwelling unit are allowed.
No ADU shall be created or occupied unless the primary dwelling parcel or lot is also used as the owner's primary dwelling.
Licensing. The owner of any ADU shall obtain a business license in accordance with Title 3 and Chapter 3.15 of the municipal code.